3C

The references in paragraph (3B) to the following provisions of the Directive are to be treated as references to those provisions with the following modifications—

a

Article 26(3) is to be read—

i

as if the reference to “Member States” were a reference to “the Department”;

ii

as if the reference to “regulatory authorities” were a reference to “the Authority”;

b

Article 37(1) is to be read as if sub-paragraph (g) were omitted;

c

Article 37(1)(q) is to be read as if for “Regulation (EC) No. 714/2009” there were substituted “the Electricity Regulation”;

d

Article 37(1)(s) is to be read as if—

i

the words “Community and third country” were omitted, and

ii

after “operators” there were inserted “in the United Kingdom and transmission system operators in countries outside the United Kingdom”;

e

Article 37(1)(t) is to be read as if the reference to Article 42 were to Article 42 with the omission of the words “must cause” to “internal market and”;

f

Article 37(3)(f) is to be read as if for “Regulation (EC) No. 714/2009” there were substituted “the Electricity Regulation”.